Martin v. G. B. Enterprises, LLC

Defendant, G. B. Enterprises (GB), appeals a judgment granting plaintiffs, Richard and Marie Martin (the Martins), a prescriptive easement over defendant’s property. We review de novo, ORS 19.415(3) (2001); House v. Hager, 130 Or App 646, 649, 883 P2d 261, rev den, 320 Or 492 (1994), and reverse.

GB owns flagpole-shaped real property (Tax Lot 1600) with the pole-shaped portion acting as a driveway for ingress and egress to the highway. The Martins own the neighboring property. The northern edge of the Martins’ property (Tax Lot 1700) abuts the driveway of Tax Lot 1600, with the eastern edge…